Immigration Reforms: Humanitarian Visa Routes Debate

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Department: Home Office

Immigration Reforms: Humanitarian Visa Routes

Mike Tapp Excerpts
Tuesday 25th November 2025

(1 day, 2 hours ago)

Westminster Hall
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Mike Tapp Portrait The Parliamentary Under-Secretary of State for the Home Department (Mike Tapp)
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It is a pleasure to serve with you in the Chair, Sir Edward. I thank my hon. Friend the Member for Rushcliffe (James Naish) for securing this important debate, and I thank all Members for their considered contributions. I know this topic is of significant interest and concern to my hon. Friend, and that has come through clearly in his and others’ contributions, for which I am grateful.

A fair amount of ground has been covered, and I will address as many of the points raised in the debate as possible, but first I want to set the discussion in its wider context. That means acknowledging that the immigration and asylum systems that this Government inherited were not working as they should. After years of chaos and dysfunction, the British people had lost confidence in the state’s ability to fulfil one of its most basic functions: deciding who can come to our country and who must leave. It has fallen to this Government to put that right, and that is what we have been working to do ever since the general election.

We have taken decisive and important steps to stabilise the systems. The foundations are much stronger thanks to those efforts, but now we have to go further. That is why we published our immigration White Paper earlier this year, and why last week we brought forward the most significant asylum reform package in modern times. Through those plans, we are determined to restore order and control. We cannot go on as we have with systems that are failing or broken. Change is urgently needed, but I assure hon. Members that we pursue these reforms with a keen sense of our international and historical responsibilities, and a recognition that this is a fair and tolerant country that welcomes those who come here legally to contribute and that is compassionate to the plight of those fleeing peril.

Last week the Home Secretary announced a fairer pathway to settlement and launched a public consultation on the proposed new earned settlement model, and earlier this year the immigration White Paper set out an increase to the default qualifying period from five years to 10 years. That, in general, is not open to consultation, and individuals will need to meet certain requirements to be granted settlement. They must have a clean criminal record, speak English to the higher A-level standard, have made national insurance contributions for at least three to five years, and have no debt in this country.

Individuals will have the opportunity to reduce the length of the qualifying period to settlement based on their contribution to the UK’s economy and society. Those who make a sustained and measurable contribution to this country will be rewarded with a shorter path to settlement. A reduction in years may also be earned by speaking English at an advanced level, known as C1.

We propose that settlement is delayed for those who contribute less to our public life, including those who have claimed benefit payments. A long penalty would also be applied to those who have entered the country illegally, which aims to strongly discourage entering the country via those routes. That follows the announcement of a new 20-year settlement path for refugees who remain on the new core protection route.

Wera Hobhouse Portrait Wera Hobhouse
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The hon. Member for South Northamptonshire (Sarah Bool) did not let me ask this question earlier, but is it not true that the safe and legal routes have been all but destroyed except for BNO and for Ukrainians? It is really important that the Government restore safe and legal routes to this country to make sure that everybody can actually benefit from our safety and our respect for human rights.

Mike Tapp Portrait Mike Tapp
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I thank the hon. Member for that good point. Safe and legal routes are part of the solution. We are not making these changes to the immigration system to please any part of the political spectrum; they are about solutions, such as safe and legal routes and harsher penalties for those arriving illegally. I will talk more about safe and legal routes shortly.

Rachael Maskell Portrait Rachael Maskell
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Will the Minister set out what the English requirements and the earning requirements will be for someone with a learning difference? Clearly, those requirements will be significantly different from those for the wider community. How will they be assessed?

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Mike Tapp Portrait Mike Tapp
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I thank my hon. Friend for a very good question. Within the 12-week consultation, we will consider vulnerable groups. I reassure hon. Members that more detail is coming on the exact requirements. When we say “A-level”, we are not talking about our A-level standards—applicants are not going to have to study Shakespeare and poetry. The standards will be for foreign language speakers, but more detail will follow on the English language requirements.

We will continue to offer a shorter pathway of five years to settlement for non-UK dependants of British citizens. We will retain existing safeguards to protect the vulnerable, including settlement rights for victims of domestic violence and abuse. The EU settlement scheme and grants under the Windrush scheme are not within scope of the proposed reforms, so those routes will remain unchanged.

The earned settlement consultation, officially launched on 20 November, will be open for 12 weeks until 12 February 2026. We have had nearly 60,000 respondents to that consultation so far, and this debate is useful for feeding in the views of constituents, so I thank hon. Members for their contributions. I encourage all hon. Members to ensure that their constituents are aware of the consultation so that it reaches as many members of the public as possible. As the Home Secretary set out last week, the reforms are underpinned by values that are truly representative of our country: contribution and fairness.

Andy McDonald Portrait Andy McDonald
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Will the Minister reaffirm that the act of seeking asylum is not illegal or unlawful—in fact, it is lawful under the refugee convention? That appears to have become somewhat muddied and clouded in this debate. Would he like to clarify the Government’s reaffirmation of the principles of the convention?

Mike Tapp Portrait Mike Tapp
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I thank my hon. Friend for his important question. Claiming asylum is not illegal in itself; it is on the person to claim asylum in the first safe country that they travel into. That said, we are opening more safe and legal routes to ensure that we contribute to helping people in need from around the world, and more detail will come on them.

Turning specifically to the BNO route, the Government remain steadfast in our support for members of the Hong Kong community in the UK and are fully committed to this route, which will continue to welcome Hongkongers. We fully recognise the significant contribution that Hongkongers have already made to the UK and the role they will continue to play in the years ahead. That is why we have confirmed that those on the BNO visa route will continue to be able to settle in the UK after living here for five years, subject to the mandatory requirements. The BNO route is a unique immigration route that was established following China’s passing of the national security law and reflects the UK’s historical and moral commitment to the people of Hong Kong.

Pippa Heylings Portrait Pippa Heylings
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I have three questions on those mandatory requirements and minimum thresholds, which are in a way being applied retrospectively. First, will the minimum salary threshold for three to five years be applied retrospectively to BNO visa holders? Secondly, will the tax contribution requirement be applicable to all family members, including non-working dependants? Thirdly, on the change to the language requirement from B1 to B2, and given that some of my constituents have only one more year remaining, has the Minister assessed whether test centres, resources and staff are available? Would equivalence to B2 be accepted, such as someone having passed a university degree in the English language because Hong Kong was a British dependent territory when they got their degree?

Mike Tapp Portrait Mike Tapp
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I will come on to that detail shortly. To warn the hon. Lady in advance, however, we are in the consultation period.

Retaining a five-year settlement period for BNO visa holders provides certainty to Hongkongers and ensures that the UK continues to honour its historical commitments. The BNO route will be included in the new earned settlement framework, with those holding a BNO visa given a five year reduction from the 10-year qualifying period.

The new mandatory requirements for settlement are basic requirements that we think are reasonable for people to meet if they settle here, but we are interested in views on whether certain groups should be exempt from them. I stress that no decisions have been made on that, but I have listened to hon. Members today. We are consulting on the transitional arrangements for those who are here, such as vulnerable groups and those within the BNO route.

We are also consulting on the English language levels that a number of hon. Members have spoken about today. Several hon. Members made a strong argument about assets versus income, which will be taken into consideration when making these decisions, as will the possibility of extending the route for those born after 1997. I am also interested in the survey mentioned by my hon. Friend the Member for Rushcliffe that was completed by 5,000 people, and I would like to see that over the next 12 weeks before these decisions are made. I have taken away a number of questions, including those from my hon. Friend the Member for Exeter (Steve Race). I am keen to go dragon boating with the community to listen and learn more from them—perhaps at some point over the next 12 weeks. A number of other points have been made and repeated, all of which have been taken away for consideration.

The UK’s support for Ukraine remains steadfast. Together with our partners and allies, the UK stands in solidarity with Ukraine and condemns the Russian Government’s unprovoked, illegal and premeditated war. I am proud that the British people have shown incredible generosity to the Ukrainian people, opening their homes to those seeking sanctuary. Since the launch of the Ukraine schemes, the UK has offered or extended sanctuary to more than 300,000 Ukrainians and their families through the Ukraine family scheme, Homes for Ukraine scheme and the Ukraine permission extension scheme.

Jim Shannon Portrait Jim Shannon
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I thank the Minister for the positivity of his replies. His commitment is very clear. I asked about persecuted Christians; in the few minutes that he has left, can he assure us that protecting them is also part of Government policy?

Mike Tapp Portrait Mike Tapp
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I apologise, but I did not actually hear most of that. May I have that intervention again?

Jim Shannon Portrait Jim Shannon
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Of course. I talk incredibly fast, so I will try to slow down. I asked about the Government’s concessions for people who are persecuted across the world. It is really important to have those concessions, so that Christians or people of any religious faith know that if they want somewhere to go, the United Kingdom is available. I need that reassurance, if the Minister does not mind.

Mike Tapp Portrait Mike Tapp
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I thank the hon. Member for his question, and I apologise for not hearing him the first time. Yes, this is a consideration for the safe and legal routes, and I fully agree that issues of faith and persecution must be fully considered within them.

I will make some progress. The Government have already taken significant steps to further extend support. Since February 2025, individuals in the UK under one of the Ukraine visa schemes have been eligible to apply to the UPE scheme for permission to stay for an additional 18 months in the UK. On 1 September, the Government announced that the UPE scheme would be extended for a further 24 months, following the initial 18 months’ permission. That will provide further certainty and stability for our Ukrainian guests, so they can continue to benefit from the same rights and entitlements to access work, benefits, healthcare and education. More information on the extension will be made available in due course.

I turn to article 8. The Government’s asylum policy statement sets out our plans to tighten the application of article 8 of the ECHR, specifically on claims relating to the right to family and private life, to ensure that it reflects a fair balance between individual circumstances and the UK’s economic and social interests. There is no risk of abandoning the ECHR, which underpins trade deals, peace agreements and returns agreements; this is about making it fit for purpose in modern times. We will reform the application of article 8 by setting out a clear framework, which will be endorsed by Parliament, for those seeking to enter or stay in the UK who do not fall within our family policies.

On humanitarian visas more widely, this country has a proud history of providing protection, and we continue to welcome refugees and people in need through our safe and legal routes. However, it is important that safe and legal routes are sustainable, well managed and in line with the UK’s capacity to welcome, accommodate and integrate refugees. That is why, as set out in the asylum policy statement, we are developing new safe and legal routes to offer sanctuary to those genuinely fleeing war and persecution from around the world, in line with the capacity of UK communities to support new refugees.